AN ACT to amend and reenact section eight, article eleven, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to prohibition on the
disposal of certain items; plans for the proper handling of
said items required; rules required; report to be prepared and
submitted; and extending for one year the implementation of
the ban on the disposal of tires and yard waste.

Be it enacted by the Legislature of West Virginia:
That section eight, article eleven, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:ARTICLE 11. WEST VIRGINIA RECYCLING PROGRAM.

§20-11-8. Prohibition on the disposal of certain items; plans for
the proper handling of said items required.(a) Effective the first day of June, one thousand nine hundred
ninety-four, it shall be unlawful to deposit lead-acid batteries in
a solid waste facility in West Virginia; effective the first day of
June, one thousand nine hundred ninety-six, it shall be unlawful to
deposit tires in a solid waste facility in West Virginia; and
effective the first day of January, one thousand nine hundred
ninety-seven, it shall be unlawful to deposit yard waste, including
grass clippings and leaves, in a solid waste facility in West
Virginia: Provided, That such prohibitions do not apply to a
facility designed specifically to compost such yard waste or
otherwise recycle or reuse such items: Provided, however, That
reasonable and necessary exceptions to such prohibitions may be
included as part of the rules promulgated pursuant to subsection
(c) of this section.
(b) No later than the first day of May, one thousand nine
hundred ninety-five, the solid waste management board shall design
a comprehensive program to provide for the proper handling of yard
waste and lead-acid batteries. No later than the first day of May,
one thousand nine hundred ninety-four, a comprehensive plan shall
be designed in the same manner to provide for the proper handling
of tires.
(c) No later than the first day of August, one thousand nine
hundred ninety-five, the division of environmental protection shall promulgate rules, in accordance with chapter twenty-nine-a of this
code, as amended, to implement and enforce the program for yard
waste and lead-acid batteries designed pursuant to subsection (b)
of this section. No later than the first day of August, one
thousand nine hundred ninety-four, the division of environmental
protection shall promulgate rules, in accordance with chapter
twenty-nine-a of said code, as amended, to implement and enforce
the program for tires designed pursuant to subsection (b) of this
section.
(d) For the purposes of this section, "yard waste" means grass
clippings, weeds, leaves, brush, garden waste, shrub or tree
prunings and other living or dead plant tissues, except that, such
materials which, due to inadvertent contamination or mixture with
other substances which render the waste unsuitable for composting,
shall not be considered to be yard waste: Provided, That the same
or similar waste generated by commercial agricultural enterprises
is excluded.
(e) In promulgating the rules required by subsections (b) and
(c) of this section, yard waste, as described in subsection (d) of
this section, the division shall provide for the disposal of yard
waste in a manner consistent with one or any combination of the
following:
(1) Disposal in a publicly or privately operated commercial or noncommercial composting facility.
(2) Disposal by composting on the property from which domestic
yard waste is generated or on adjoining property or neighborhood
property if consent is obtained from the owner of the adjoining or
neighborhood property.
(3) Disposal by open burning where such activity is not
prohibited by this code, rules promulgated hereunder or municipal
or county codes or ordinances.
(4) Disposal in a publicly or privately operated landfill,
only where none of the foregoing options are available. Such
manner of disposal will involve only small quantities of domestic
yard waste generated only from the property of the participating
resident or tenant.